As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE To be wandering, roving or rambling at will, unrestrained, off the premises of the owner and not under the control of a person not less than 10 years of age of sufficient strength and competency to control the animal and prevent it from annoying or frightening pedestrians or trespassing on private or public property; such control shall be by means of a leash securely attached to such dog or cat, but a cat or dog within a motor vehicle of its owner shall be deemed to be on its owner's premises.
[Amended 2-7-1994 by Ord. No. 1676]
CAT Includes all members of the cat family, whether domesticated or in the semi-wild or wild state, male or female.
DOG Includes all domesticated members of Canis familiaris, male or female.
LEASH A cord, thong or chain not more than six feet in length by which a dog or cat is controlled by a person accompanying it; provided, however, that if a dog or cat is determined to be vicious under the provisions of this chapter, the leash shall be no more than four feet in length.
OFFICER Includes any official with the power and authority of an officer of the peace.
OWNER Includes any person, firm or corporation owning, harboring or keeping a dog or a cat; the occupant of any premises on which a dog or a cat remains, or to which it customarily returns, is presumed to be harboring or keeping the dog or cat within the meaning of this chapter.
UNCONFINED Not confining a vicious dog or cat indoors in a secured environment or not confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog or cat; the pen or structure must have secure sides and a secure top attached to the sides; if the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.
VICIOUS CAT A cat which has bitten any person or shown a propensity to attack or bite human beings or other animals.
VICIOUS DOG A. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals;
B. Any dog which because of its size, physical nature and vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter; or
C. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
D. Any dog owned or harbored primarily or in part for the purposes of dog fighting, or any dog trained for dog fighting.
Every owner or keeper of a dog or cat who fails to obtain a license for a dog or cat as required herein and pay the necessary fees shall be in violation of the provisions of this chapter and subject to the penalties hereinafter provided.
[Amended 2-7-1994 by Ord. No. 1676]
It shall be unlawful for anyone owning, keeping or harboring a dog or cat to permit or allow the dog or cat to bark, howl, whine or make any other noise for an unreasonable period of time which disturbs the comfort, quiet, repose or peace of any of the residents of this Village.
Any person who shall knowingly harbor or keep any dog or cat infected with hydrophobia or rabies, or any dog or cat known to have been bitten or scratched by a dog or cat known to have been infected with hydrophobia or rabies, or who shall fail to report to the proper police or health authorities the existence of any dog or cat which he knows to be infected with hydrophobia or rabies, shall, upon conviction thereof, be subject to the penalty hereinafter provided.
It is hereby made the duty of all persons practicing as veterinarians in the Village of Shorewood who may have knowledge of any contagious or infectious disease existing among dogs or cats in said Village to make a report thereof to the Health Department within 12 hours after receiving such knowledge. Such report shall describe the nature and name of the disease and the place where the dog or cat so afflicted is located.
If any dog or cat which has been impounded for a period of seven days has not been reclaimed by its owner at the expiration of this period, said dog or cat may be disposed of in a humane manner by the Milwaukee Area Domestic Animal Control Commission or by other authority designated by the Village.
The provisions of §§
192-4 through
192-11 of this chapter shall be applicable to all animals maintained, kept, harbored or housed in the Village of Shorewood and to the owners or keepers thereof.
It shall be unlawful for any person to injure or kill any kind of bird in the Village, except that starlings, English sparrows, and homeless pigeons, which are hereby declared a public nuisance, may be trapped or destroyed under the supervision of the Health Department.
[Amended 2-1-2016 by Ord. No. 2058]
A. Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
APIARY Colonies, hives, and other equipment associated with honey bees assembled in one location for beekeeping operations; also known as a "bee yard."
BEEKEEPER A person who owns or has charge of one or more colonies of bees, or is requesting to own or take charge of one or more colonies of bees, and has demonstrated to the Planning and Development Director that he or she has obtained formal education or sufficient practical experience to act as a beekeeper. An applicant who fails to demonstrate the requisite training or experience will not be issued a beekeeping permit by the Village under Subsection
B. The determination of whether the applicant has the requisite training and experience will be at the sole discretion of the Village Planning and Development Director.
COLONY An aggregate of honey bees in a hive consisting principally of workers, but having, when perfect, one queen and at times many drones, including the brood.
FLYWAY BARRIER An obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans. Barriers must be six feet in height.
HIVE The shelter housing a colony of bees, including the combs, honey, and pollen. "Hive" also includes the colony of bees where indicated by the context.
HONEY BEE All life stages of the common domestic honey bee, apis mellifera species.
B. Permit required. No person shall acquire, keep, or stock honey bees in the Village without being a beekeeper and obtaining a valid permit issued by the Planning and Development Director. A permit shall be valid unless revoked pursuant to Subsection
H. The permit process requires submission of a completed application accompanied with a fee as listed under the Village Fee Schedule. A permit must be renewed by April 1 of each year. Permit renewal requires submission of a completed application accompanied with the renewal fee. A late fee of two times the application fee along with the application fee shall be collected from every owner or keeper of honey bees if the owner or keeper fails to obtain a permit prior to acquiring the honey bees. Prior to issuance of a permit, the applicant shall submit to an inspection and demonstrate that all requirements of Subsections
C and
F are met.
C. Proof of notification of adjoining neighbors and site plan. Before an initial or renewal permit is issued, applicants shall furnish to the Village an application, including written proof, in the form of certified letters or a completed Village of Shorewood beekeeping neighbor notification form containing the neighbor's signed acknowledgement of notice receipt, that all residents of adjoining or diagonally abutting properties, including those across an alley, have been informed that the applicant has applied for a permit hereunder, and informing that any written objections to issuance of the permit should be submitted to the Village Planning and Development Department within 14 days of receipt of the application. The Village shall consider all objections and may deny a permit request based on neighbor objections. An applicant, if not the property owner, shall obtain the written consent of the property owner where the apiary shall be kept. An applicant must also submit a scaled dimensional drawing, showing all adjoining structures and property lines together with the proposed apiary, to the satisfaction of the Village.
D. Permit not transferable. A permit provides permission for honey beekeeping at the address listed in the permit application only and by the permit holder only and shall not be transferred to any other person or location. The beekeeper must also notify the Planning and Development Department when a property is going to be vacated.
E. Removal upon vacation of property. Upon vacating a property, the beekeeper must remove all apiary structures and bees from the property.
F. Keeping of honey bee hives. A permit authorizes the keeping of honey bee hives on a premises, provided the following requirements are met:
(1) No more than four hives are allowed on one premises.
(2) No hive shall exceed 20 cubic feet in volume.
(3) Honey bees are limited to eastern European races of apis mellifera.
(4) A minimum six-foot-high flyway barrier, consisting of either or some combination of closed fence, semisolid fence, dense vegetation, building, other solid flyway barrier or other barrier which the Village Planning and Development Department deems adequate, between the hive(s) and the property lines for all hives located within 20 feet of the property line. A flyway barrier is not required if the hive or hives are kept at least 10 feet off the ground.
(5) A constant and adequate supply of water shall be provided within the enclosure to prevent bees from seeking water sources at a nearby property. The water source shall be designed to allow honey bees to access water by landing on a hard surface. This provision shall not apply during the winter.
(6) All honey bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.
(7) All hives and related structures that form the apiary shall be located a minimum of 10 feet from all property lines, unless the owner of the adjoining property has provided written permission for closer placement.
(8) All hives and related structures that form the apiary shall be located a minimum of 20 feet from all public sidewalks and may not be located in front or side yards.
(9) Hives shall be located a minimum of 25 feet from a neighbor's primary dwelling on any adjoining lots unless the owner of the adjoining property has provided written permission for closer hive placement.
(10) No honey bees shall be kept on any premises which is a multitenant facility or contains two or more dwelling units, unless consent is given by all tenants.
(11) Hives shall be actively maintained. Hives not under active human management and maintenance shall be dismantled or removed by the most-recent permit holder.
(12) In any instance in which a hive exhibits unusually aggressive characteristics, it shall be the duty of the beekeeper to destroy or re-queen the hive. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.
(13) In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.
G. Right of entry.
(1) The Planning and Development Director, or his or her designee, may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.
(2) If the Planning and Development Director, or his or her designee, finds any hive kept in violation of any requirements enumerated herein, in addition to any other remedy available under this code, he/she may order the violation corrected within 14 days. Notice of violation shall be mailed to both the permit holder and the property owner on which the apiary is located. If the permit holder fails to correct the violation within 14 days, the hive in violation may be destroyed and/or removed from the municipality by the Village, and the cost thereof shall be charged back to the property owner as a special charge pursuant to Wis. Stats § 66-0627.
H. Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section, or if the Village determines that continued maintenance of the hive constitutes a reasonable threat to the general health or safety of others. Once a permit is revoked, a permit shall not be reissued.
[Amended 2-7-1994 by Ord. No. 1676; 8-10-2010 by Ord. No. 1970]
A. No person, business or entity shall harbor, raise or possess, either temporarily or permanently, any wild animal, including but not limited to, a live monkey or other nonhuman primate, bat, raccoon, skunk, coyote and coyote-dog hybrids, fox, prairie dog, poisonous reptile, alligator, crocodile, or snake, poisonous insect or arachnid, bobcat, cheetah, cougar, jaguar, leopard, lion, lynx, panther, tiger or hybrids thereof, wolf and wolf-dog hybrids or any other animal or bird of prey which can normally be found in the wild, within the Village.
B. No person, business or entity shall harbor, raise or possess, either temporarily or permanently, any swine, goat, sheep, horses, ponies, mules, donkeys, bees, chickens, turkeys, geese, cattle or fur-bearing animals within the Village.
C. No person, business or entity shall harbor, raise or possess, either temporarily or permanently, any animal or animals of any kind, breed or nature whatsoever within the Village which, by its nature or conduct, may or in fact does constitute either a private or public nuisance.
D. This section shall not be construed to apply to temporary educational events, circuses, or similar recreational events, or to animals in the custody of a veterinarian for treatment.
Any person aggrieved by an administrative ruling, judgment or decision may appeal for hearing before the Board of Appeals within 10 days after the issuance of such ruling, judgment or decision. A nonrefundable appeal fee as provided by the Village Fee Schedule shall accompany each and every appeal brought hereunder. The Village Clerk shall give notice of a hearing to the appellant, to be held within 30 days after service of the notice on the appellant, said service to be served either personally or by certified mail addressed to the appellant's last known address. All other interested parties may be given written notice of said hearing by regular mail. Upon conclusion of the hearing held by the Board of Appeals, the Board shall make a ruling. The written decision of the Board shall be mailed to the appellant by the Village Clerk within 10 days of said decision. Any determination by the Board of Appeals may be appealed to the Circuit Court of Milwaukee County as provided by law.
[Amended 2-7-1994 by Ord. No. 1676; 2-25-2008 by Ord. No. 1935]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in §
115-1 of the Village Code.